Legal Question in Constitutional Law in Indiana

First Amendment, Trespassing, SSN

I went to the BMV to get a learners permit. They requested my SSN, but could not provide me with the statute by which they were demanding it, and would not give me a permit without my social security number. I refused to provide my SSN and told them they were required to show me by what statutory authority they were requiring it. They told me to leave or they'd call the police. I told them I'd like to talk to the police. They called. The police came and the woman in charge of the BMV office told them she asked me to leave and I didn't. The police asked me to leave, and I walked outside to the street with them. Once on the street (without blocking the entrance), I asked them if they would have enforced her request for me to leave if her reason had been my race. They arrested me for trespassing. Is this a violation of my first amendment rights? Did I trespass? Does the BMV have the right to have me removed from the premises solely because they can't provide an answer they are legally obligated to provide (by what statutory authority) when asking me for my social security number?

Asked on 7/11/09, 12:06 am

1 Answer from Attorneys

Andrew Thompson Thompson Law Office

Re: First Amendment, Trespassing, SSN

Do you have trespass charges pending?

Regarding your First Amendment rights and the violation of your privacy regarding your social security number, you would have to file a Constitutional claim.

You could consult a public interest firm or organization seeking help, or hire a private attorney.

If you would like to explore your options thorugh my office, as a private attorney, futher you may contact me at [email protected].

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Answered on 7/13/09, 9:37 pm

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